Hawaii · statute · Haw. Rev. Stat. ch. 484 · 26 active provisions
When used in this chapter, unless the context otherwise requires: "Commissioner of securities" means the commissioner of securities as defined in section 485A-102. "Common promotional plan" means a plan, undertaken by a single developer or group of developers acting in concert, to offer subdivided land for sale or leas…
This chapter shall be administered by the director of commerce and consumer affairs.
(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, or unless the subdivider files in writing with the director that this chapter shall apply to the subdivider's subdivision, this chapter shall not apply to offers or dispositions of an interest in land: (1) By a purchaser of subd…
Unless the subdivided lands or the transaction is exempt by section 484-3: (1) No person may offer or dispose of any interest in subdivided lands located in this State, or offer or dispose in this State of any interest in subdivided lands located without this State before a preliminary or final order registering the su…
(a) The application for registration of subdivided lands shall be filed in accordance with this chapter and rules adopted by the director pursuant to chapter 91, and shall contain the following documents and information: (1) An irrevocable appointment of the director to receive service of any lawful process in any nonc…
(a) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the direc…
Upon receipt of a complete application for registration in proper form, including all standardized application forms, if any, prescribed by the director, the director shall issue a notice of filing to the applicant subject to section 484-20, and forthwith initiate an examination to determine that: (1) The subdivider ca…
(a) Within forty-five days from the date of the notice of filing, the director shall enter a preliminary or final order registering the subdivided lands or rejecting the registration. Unless the applicant has consented in writing to a delay, the land shall be deemed registered if the director fails to enter an order of…
(a) The director shall enter a preliminary order of registration when: (1) The director receives a request therefor together with a complete application for registration containing all information required under this chapter, including, without limitation, all standardized application forms prescribed by the director;…
(a) If the subdivider has obtained a preliminary order of registration, then upon the issuance of final subdivision approval of the subdivision by the county in which the land is situated, the subdivider shall submit to the director an application for a final order of registration, which application shall contain, amon…
If a subdivider enters into a reservation agreement with a prospective purchaser for the subdivision before the issuance of a final order, any sales contract later entered into by the subdivider and that prospective purchaser after the final order is issued shall not be binding on the purchaser until the requirements o…
(a) Whenever the director requires pursuant to section 484-8.6(b) that an amended public offering statement be prepared by the subdivider, the subdivider shall obtain a receipt therefor from each purchaser or prospective purchaser who signed a sales contract or reservation agreement to purchase subdivided lands before…
(a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the director of commerce and consumer affairs. The report shall reflect any material changes in information contained in the original application…
(a) The director shall prescribe reasonable rules which shall be adopted, amended, or repealed in compliance with chapter 91. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to as…
(a) The director of commerce and consumer affairs may: (1) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing o…
(a) If the director determines after notice and hearing that a person has: (1) Violated this chapter; (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands; (3) Made any subs…
(a) A registration may be revoked by the director after notice and hearing upon a written finding of fact that the subdivider has: (1) Failed to comply with the terms of a cease and desist order; (2) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, de…
Proceedings for judicial review shall be in accordance with chapter 91.
Any person who wilfully violates this chapter or a rule adopted under it or any person who wilfully, in an application for registration or exemption makes any untrue statement of a material fact or omits to state a material fact is guilty of a felony and may be fined not less than $5,000 or double the amount of gain fr…
(a) Any person who disposes of subdivided lands in violation of section 484-4, or who in disposing of subdivided lands makes an untrue statement of a material fact, or who in disposing of subdivided lands omits a material fact required to be stated in a registration statement, an application, or public offering stateme…
Dispositions of subdivided lands are subject to this chapter, and the circuit courts of this State have jurisdiction in claims or causes of action arising under this chapter, if: (1) The subdivided lands offered for disposition are located in this State; or (2) The subdivider's principal office is located in this State…
In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
(a) In addition to the methods of service provided for in the Hawaii rules of civil procedure, service may be made by delivering a copy of the process to the office of the director of commerce and consumer affairs, but it is not effective unless the plaintiff (which may be the director in a proceeding instituted by it)…
(a) Notices of filing pursuant to section 484-8 shall not be issued until the applicant has paid to the director the proper registration or consultant fees, and has advanced the inspection expenses set forth in subsection (b). Neither the registration or consultant fees, nor the advanced inspection expenses shall be re…
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.